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American Axle v. Neapco
Introduction On July 31, 2020, in American Axle v. Neapco, the Federal Circuit split 6-6 on the question of whether to grant en banc review of a panel decision on patent eligibility seen by many as an unwarranted extension of the principle that...
Read ArticleREMEMBERING TWO OF THE SPOOKIEST HALLOWEEN COPYRIGHT CASES
With Halloween 2020 approaching, we thought it was important to remember two of the spookiest of intellectual property cases, in particular, those copyright cases addressing issues with well-known horror movies. GALLAGHER v. LIONS GATE...
Read ArticleDESIGN PATENT PROTECTION FOR REPLACEMENT PARTS
The fight between insurers and car manufacturers as to whether and, if so how, to protect the design of spare parts for cars delayed the implementation of an EU regulation on design protection for well over a decade and ended in an uneasy...
Read ArticleTHE MUSIC MODERNIZATION ACT: A PRIMER FOR COPYRIGHT HOLDERS
On October 11, 2018, the Music Modernization Act (MMA) was signed into law resulting in one of the most significant legislative changes to the copyright law in the United States in the last 50 years. The bipartisan legislation, which was written by...
Read ArticleTTAB DECISION UNDERSCORES DIFFICULTY OF PROVING FRAUD BEFORE THE USPTO
In Tommie Copper IP Inc v Gcool-Tech Usa LLC (Opposition No 91223768 (9 May 2018) ), the Trademark Trial and Appeal Board (TTAB) has dismissed an opposition where the applicant did not have use in commerce at the time of filing the application and...
Read ArticleSCOTUS GRANTS THE LOSS OF OVERSEAS PROFITS TO BE INCLUDED IN DAMAGES IN WESTERN GECO LLC V. ION GEOPHYSICAL CORPORATION
On June 22, 2018 in WesternGeco LLC v. Ion Geophysical Corporation, the Supreme Court held in a 7 – 2 decision written by Thomas J with Gorsuch and Breyer JJ dissenting that the loss of foreign profits resulting from the infringing export from the...
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